Bill Text: FL S0694 | 2010 | Regular Session | Comm Sub

NOTE: There are more recent revisions of this legislation. Read Latest Draft

---

Bill Title: Child Support [SPSC]

Spectrum: Partisan Bill (Republican 1-0)

Status: (Passed) 2010-06-03 - Approved by Governor; Chapter No. 2010-187 [S0694 Detail]

Download: Florida-2010-S0694-Comm_Sub.html

---

 
Florida Senate - 2010                              CS for SB 694 
 
By the Committee on Children, Families, and Elder Affairs; and 
Senator Storms 
586-02738-10                                           2010694c1 
1                        A bill to be entitled 
2         An act relating to child support; amending s. 61.13, 
3         F.S.; deleting a reference to health insurance in the 
4         process to determine share of a medical support only 
5         obligation; requiring that an obligor may make child 
6         support payments directly to the obligee under certain 
7         circumstances; clarifying when income deduction 
8         payments are required to be paid to the State 
9         Disbursement Unit; amending s. 61.30, F.S.; 
10         authorizing the Department of Revenue to submit to the 
11         court a written declaration signed under penalty of 
12         perjury for the purpose of establishing an obligation 
13         for child support; amending s. 382.015, F.S.; 
14         requiring the Office of Vital Statistics in the 
15         Department of Health to prepare and file a new birth 
16         certificate to include the name of the legal father 
17         when a final judgment of dissolution of marriage 
18         requires the former husband to pay child support for 
19         the child; amending s. 382.016, F.S.; requiring the 
20         Office of Vital Statistics to amend a child’s birth 
21         certificate to include the name of the legal father 
22         upon receipt of a marriage license that identifies the 
23         child as a child of the marriage; amending s. 
24         409.2558, F.S.; requiring the Department of Revenue to 
25         process collected funds that are determined to be 
26         undistributable in a specified manner; requiring the 
27         department to retain as program income de minimis 
28         child support collections under $1; amending s. 
29         409.256, F.S.; changing the term “custodian” to 
30         “caregiver” and defining the role of the caregiver; 
31         amending s. 409.2563, F.S.; replacing “caretaker 
32         relative” with “caregiver” and defining the term; 
33         requiring the notice of proceeding to establish an 
34         administrative support order to inform parents that 
35         the Department of Revenue may refer the child support 
36         proceeding to the Division of Administrative Hearings 
37         for determination of the support obligation; 
38         authorizing the Department of Revenue to refer a 
39         proceeding to the Division of Administrative Hearings 
40         for an evidentiary hearing to determine the support 
41         obligation; replacing “hearing request” with 
42         “proceeding”; amending s. 409.25635, F.S.; authorizing 
43         the Department of Revenue to collect noncovered 
44         medical expenses in installments by issuing an income 
45         deduction notice; amending s. 409.2564, F.S.; removing 
46         a provision that encouraged parties to enter into a 
47         settlement agreement; requiring the department to 
48         review child support orders in IV-D cases at least 
49         once every 3 years; requiring the department to file a 
50         petition to modify the support if the review of 
51         support orders indicates the order should be modified; 
52         amending s. 409.2567, F.S.; authorizing the Department 
53         of Revenue to seek a specified waiver from the United 
54         States Department of Health and Human Services if the 
55         estimated increase in federal funding to the state 
56         derived from the waiver would exceed any additional 
57         cost to the state; amending s. 409.259, F.S.; 
58         extending the deadline for implementing electronic 
59         filing of pleadings and other documents with the 
60         clerks of court in Title IV-D cases until completion 
61         of the Child Support Automated Management System II; 
62         amending s. 409.910, F.S.; requiring the Agency for 
63         Health Care Administration to obtain health insurance 
64         information from insurers and provide it to the 
65         Department of Revenue for use in Title IV-D child 
66         support cases; requiring both agencies to enter into a 
67         cooperative agreement to implement the requirement; 
68         amending s. 414.095, F.S.; conforming a provision to a 
69         change made by the act; amending s. 741.01, F.S.; 
70         requiring an application for a marriage license to 
71         allow both parties to the marriage to state under oath 
72         in writing if they are the parents of a child born in 
73         this state and to identify any such child they have in 
74         common; reenacting ss. 61.14(1)(c) and 61.30(1)(c), 
75         F.S., relating to the enforcement and modification of 
76         support, maintenance, or alimony agreements or orders 
77         and the child support guidelines, respectively, to 
78         incorporate the amendments made to s. 409.2564, F.S., 
79         in references thereto; providing effective dates. 
80 
81  Be It Enacted by the Legislature of the State of Florida: 
82 
83         Section 1. Paragraphs (b) and (d) of subsection (1) of 
84  section 61.13, Florida Statutes, are amended to read: 
85         61.13 Support of children; parenting and time-sharing; 
86  powers of court.— 
87         (1) 
88         (b) Each order for support shall contain a provision for 
89  health insurance for the minor child when health insurance is 
90  reasonable in cost and accessible to the child. Health insurance 
91  is presumed to be reasonable in cost if the incremental cost of 
92  adding health insurance for the child or children does not 
93  exceed 5 percent of the gross income, as defined in s. 61.30, of 
94  the parent responsible for providing health insurance. Health 
95  insurance is accessible to the child if the health insurance is 
96  available to be used in the county of the child’s primary 
97  residence or in another county if the parent who has the most 
98  time under the time-sharing plan agrees. If the time-sharing 
99  plan provides for equal time-sharing, health insurance is 
100  accessible to the child if the health insurance is available to 
101  be used in either county where the child resides or in another 
102  county if both parents agree. The court may require the obligor 
103  to provide health insurance or to reimburse the obligee for the 
104  cost of health insurance for the minor child when insurance is 
105  provided by the obligee. The presumption of reasonable cost may 
106  be rebutted by evidence of any of the factors in s. 
107  61.30(11)(a). The court may deviate from what is presumed 
108  reasonable in cost only upon a written finding explaining its 
109  determination why ordering or not ordering the provision of 
110  health insurance or the reimbursement of the obligee’s cost for 
111  providing health insurance for the minor child would be unjust 
112  or inappropriate. In any event, the court shall apportion the 
113  cost of health insurance, and any noncovered medical, dental, 
114  and prescription medication expenses of the child, to both 
115  parties by adding the cost to the basic obligation determined 
116  pursuant to s. 61.30(6). The court may order that payment of 
117  noncovered medical, dental, and prescription medication expenses 
118  of the minor child be made directly to the obligee on a 
119  percentage basis. In a proceeding for medical support only, each 
120  parent’s share of the child’s health insurance and noncovered 
121  medical expenses shall equal the parent’s percentage share of 
122  the combined net income of the parents. The percentage share 
123  shall be calculated by dividing each parent’s net monthly income 
124  by the combined monthly net income of both parents. Net income 
125  is calculated as specified by s. 61.30(3) and (4). 
126         1. In a non-Title IV-D case, a copy of the court order for 
127  health insurance shall be served on the obligor’s union or 
128  employer by the obligee when the following conditions are met: 
129         a. The obligor fails to provide written proof to the 
130  obligee within 30 days after receiving effective notice of the 
131  court order that the health insurance has been obtained or that 
132  application for health insurance has been made; 
133         b. The obligee serves written notice of intent to enforce 
134  an order for health insurance on the obligor by mail at the 
135  obligor’s last known address; and 
136         c. The obligor fails within 15 days after the mailing of 
137  the notice to provide written proof to the obligee that the 
138  health insurance existed as of the date of mailing. 
139         2.a. A support order enforced under Title IV-D of the 
140  Social Security Act which requires that the obligor provide 
141  health insurance is enforceable by the department through the 
142  use of the national medical support notice, and an amendment to 
143  the support order is not required. The department shall transfer 
144  the national medical support notice to the obligor’s union or 
145  employer. The department shall notify the obligor in writing 
146  that the notice has been sent to the obligor’s union or 
147  employer, and the written notification must include the 
148  obligor’s rights and duties under the national medical support 
149  notice. The obligor may contest the withholding required by the 
150  national medical support notice based on a mistake of fact. To 
151  contest the withholding, the obligor must file a written notice 
152  of contest with the department within 15 business days after the 
153  date the obligor receives written notification of the national 
154  medical support notice from the department. Filing with the 
155  department is complete when the notice is received by the person 
156  designated by the department in the written notification. The 
157  notice of contest must be in the form prescribed by the 
158  department. Upon the timely filing of a notice of contest, the 
159  department shall, within 5 business days, schedule an informal 
160  conference with the obligor to discuss the obligor’s factual 
161  dispute. If the informal conference resolves the dispute to the 
162  obligor’s satisfaction or if the obligor fails to attend the 
163  informal conference, the notice of contest is deemed withdrawn. 
164  If the informal conference does not resolve the dispute, the 
165  obligor may request an administrative hearing under chapter 120 
166  within 5 business days after the termination of the informal 
167  conference, in a form and manner prescribed by the department. 
168  However, the filing of a notice of contest by the obligor does 
169  not delay the withholding of premium payments by the union, 
170  employer, or health plan administrator. The union, employer, or 
171  health plan administrator must implement the withholding as 
172  directed by the national medical support notice unless notified 
173  by the department that the national medical support notice is 
174  terminated. 
175         b. In a Title IV-D case, the department shall notify an 
176  obligor’s union or employer if the obligation to provide health 
177  insurance through that union or employer is terminated. 
178         3. In a non-Title IV-D case, upon receipt of the order 
179  pursuant to subparagraph 1., or upon application of the obligor 
180  pursuant to the order, the union or employer shall enroll the 
181  minor child as a beneficiary in the group health plan regardless 
182  of any restrictions on the enrollment period and withhold any 
183  required premium from the obligor’s income. If more than one 
184  plan is offered by the union or employer, the child shall be 
185  enrolled in the group health plan in which the obligor is 
186  enrolled. 
187         4.a. Upon receipt of the national medical support notice 
188  under subparagraph 2. in a Title IV-D case, the union or 
189  employer shall transfer the notice to the appropriate group 
190  health plan administrator within 20 business days after the date 
191  on the notice. The plan administrator must enroll the child as a 
192  beneficiary in the group health plan regardless of any 
193  restrictions on the enrollment period, and the union or employer 
194  must withhold any required premium from the obligor’s income 
195  upon notification by the plan administrator that the child is 
196  enrolled. The child shall be enrolled in the group health plan 
197  in which the obligor is enrolled. If the group health plan in 
198  which the obligor is enrolled is not available where the child 
199  resides or if the obligor is not enrolled in group coverage, the 
200  child shall be enrolled in the lowest cost group health plan 
201  that is accessible to the child. 
202         b. If health insurance or the obligor’s employment is 
203  terminated in a Title IV-D case, the union or employer that is 
204  withholding premiums for health insurance under a national 
205  medical support notice must notify the department within 20 days 
206  after the termination and provide the obligor’s last known 
207  address and the name and address of the obligor’s new employer, 
208  if known. 
209         5.a. The amount withheld by a union or employer in 
210  compliance with a support order may not exceed the amount 
211  allowed under s. 303(b) of the Consumer Credit Protection Act, 
212  15 U.S.C. s. 1673(b), as amended. The union or employer shall 
213  withhold the maximum allowed by the Consumer Credit Protection 
214  Act in the following order: 
215         (I) Current support, as ordered. 
216         (II) Premium payments for health insurance, as ordered. 
217         (III) Past due support, as ordered. 
218         (IV) Other medical support or insurance, as ordered. 
219         b. If the combined amount to be withheld for current 
220  support plus the premium payment for health insurance exceed the 
221  amount allowed under the Consumer Credit Protection Act, and the 
222  health insurance cannot be obtained unless the full amount of 
223  the premium is paid, the union or employer may not withhold the 
224  premium payment. However, the union or employer shall withhold 
225  the maximum allowed in the following order: 
226         (I) Current support, as ordered. 
227         (II) Past due support, as ordered. 
228         (III) Other medical support or insurance, as ordered. 
229         6. An employer, union, or plan administrator who does not 
230  comply with the requirements in sub-subparagraph 4.a. is subject 
231  to a civil penalty not to exceed $250 for the first violation 
232  and $500 for subsequent violations, plus attorney’s fees and 
233  costs. The department may file a petition in circuit court to 
234  enforce the requirements of this subparagraph. 
235         7. The department may adopt rules to administer the child 
236  support enforcement provisions of this section that affect Title 
237  IV-D cases. 
238         (d)1. All child support orders shall provide the full name 
239  and date of birth of each minor child who is the subject of the 
240  child support order. 
241         2. If both parties request and the court finds that it is 
242  in the best interest of the child, support payments need not be 
243  subject to immediate income deduction. Support orders that are 
244  not subject to immediate income deduction may be directed 
245  through the depository under s. 61.181 or made payable directly 
246  to the obligee. Payments made by for all support orders that 
247  provide for immediate income deduction shall be made to the 
248  State Disbursement Unit. The court shall provide a copy of the 
249  order to the depository. 
250         3. For support orders payable directly to the obligee that 
251  do not provide for immediate income deduction, any party, or the 
252  department IV-D agency in a IV-D case, may subsequently file an 
253  affidavit with the depository State Disbursement Unit alleging a 
254  default in payment of child support and stating that the party 
255  wishes to require that payments be made through the depository 
256  State Disbursement Unit. The party shall provide copies of the 
257  affidavit to the court and to each other party. Fifteen days 
258  after receipt of the affidavit, the depository State 
259  Disbursement Unit shall notify all parties that future payments 
260  shall be paid through the depository, except that income 
261  deduction payments shall be made to the State Disbursement Unit. 
262         Section 2. Effective July 1, 2010, subsection (15) of 
263  section 61.30, Florida Statutes, is amended to read: 
264         61.30 Child support guidelines; retroactive child support.— 
265         (15) For purposes of establishing an obligation for support 
266  in accordance with this section, if a person who is receiving 
267  public assistance is found to be noncooperative as defined in s. 
268  409.2572, the department may IV-D agency is authorized to submit 
269  to the court an affidavit or written declaration signed under 
270  penalty of perjury as specified in s. 92.525(2) attesting to the 
271  income of that parent based upon information available to the 
272  department IV-D agency. 
273         Section 3. Subsection (2) of section 382.015, Florida 
274  Statutes, is amended to read: 
275         382.015 New certificates of live birth; duty of clerks of 
276  court and department.—The clerk of the court in which any 
277  proceeding for adoption, annulment of an adoption, affirmation 
278  of parental status, or determination of paternity is to be 
279  registered, shall within 30 days after the final disposition, 
280  forward to the department a certified copy of the court order, 
281  or a report of the proceedings upon a form to be furnished by 
282  the department, together with sufficient information to identify 
283  the original birth certificate and to enable the preparation of 
284  a new birth certificate. The clerk of the court shall implement 
285  a monitoring and quality control plan to ensure that all 
286  judicial determinations of paternity are reported to the 
287  department in compliance with this section. The department shall 
288  track paternity determinations reported monthly by county, 
289  monitor compliance with the 30-day timeframe, and report the 
290  data to the clerks of the court quarterly. 
291         (2) DETERMINATION OF PATERNITY.—Upon receipt of the report, 
292  or a certified copy of a final decree of determination of 
293  paternity, or a certified copy of a final judgment of 
294  dissolution of marriage which requires the former husband to pay 
295  child support for the child, together with sufficient 
296  information to identify the original certificate of live birth, 
297  the department shall prepare and file a new birth certificate, 
298  which shall bear the same file number as the original birth 
299  certificate. The registrant’s name shall be entered as decreed 
300  by the court or as reflected in the final judgment or support 
301  order. The names and identifying information of the parents 
302  shall be entered as of the date of the registrant’s birth. 
303         Section 4. Paragraph (b) of subsection (1) of section 
304  382.016, Florida Statutes, is amended to read: 
305         382.016 Amendment of records.—The department, upon receipt 
306  of the fee prescribed in s. 382.0255; documentary evidence, as 
307  specified by rule, of any misstatement, error, or omission 
308  occurring in any birth, death, or fetal death record; and an 
309  affidavit setting forth the changes to be made, shall amend or 
310  replace the original certificate as necessary. 
311         (1) CERTIFICATE OF LIVE BIRTH AMENDMENT.— 
312         (b) Upon written request and receipt of an affidavit, a 
313  notarized voluntary acknowledgment of paternity signed by the 
314  mother and father acknowledging the paternity of a registrant 
315  born out of wedlock, or a voluntary acknowledgment of paternity 
316  that is witnessed by two individuals and signed under penalty of 
317  perjury as specified by s. 92.525(2), together with sufficient 
318  information to identify the original certificate of live birth, 
319  the department shall prepare a new birth certificate, which 
320  shall bear the same file number as the original birth 
321  certificate. The names and identifying information of the 
322  parents shall be entered as of the date of the registrant’s 
323  birth. The surname of the registrant may be changed from that 
324  shown on the original birth certificate at the request of the 
325  mother and father of the registrant, or the registrant if of 
326  legal age. If the mother and father marry each other at any time 
327  after the registrant’s birth, the department shall, upon receipt 
328  of a marriage license that identifies the registrant, or upon 
329  the request of the mother and father or registrant if of legal 
330  age and proof of the marriage, amend the certificate with regard 
331  to the parents’ marital status as though the parents were 
332  married at the time of birth. The department shall substitute 
333  the new certificate of birth for the original certificate on 
334  file. All copies of the original certificate of live birth in 
335  the custody of a local registrar or other state custodian of 
336  vital records shall be forwarded to the State Registrar. 
337  Thereafter, when a certified copy of the certificate of birth or 
338  portion thereof is issued, it shall be a copy of the new 
339  certificate of birth or portion thereof, except when a court 
340  order requires issuance of a certified copy of the original 
341  certificate of birth. Except for a birth certificate on which a 
342  father is listed pursuant to an affidavit, a notarized voluntary 
343  acknowledgment of paternity signed by the mother and father 
344  acknowledging the paternity of a registrant born out of wedlock, 
345  or a voluntary acknowledgment of paternity that is witnessed by 
346  two individuals and signed under penalty of perjury as specified 
347  by s. 92.525(2), the department shall place the original 
348  certificate of birth and all papers pertaining thereto under 
349  seal, not to be broken except by order of a court of competent 
350  jurisdiction or as otherwise provided by law. 
351         Section 5. Effective July 1, 2010, subsection (3) of 
352  section 409.2558, Florida Statutes, is amended to read: 
353         409.2558 Support distribution and disbursement.— 
354         (3) UNDISTRIBUTABLE COLLECTIONS.— 
355         (a) The department shall establish by rule the method for 
356  determining a collection or refund to be undistributable to the 
357  final intended recipient. Before determining a collection or 
358  refund to be undistributable, the department shall make 
359  reasonable efforts to locate persons to whom collections or 
360  refunds are owed so that payment can be made. Location efforts 
361  may include disclosure through a searchable database of the 
362  names of obligees, obligors, and depository account numbers on 
363  the Internet in compliance with the requirements of s. 
364  119.01(2)(a). 
365         (b) Collections that are determined to be undistributable 
366  shall be processed in the following order of priority: 
367         1. Apply the payment to any financial liability incurred by 
368  the obligor as a result of a previous payment returned to the 
369  department for insufficient funds; then 
370         2. Apply the payment to any financial liability incurred by 
371  the obligor as a result of an overpayment to the obligor which 
372  the obligor has failed to return to the department after notice; 
373  then 
374         3. Apply the payment to any financial liability incurred by 
375  the obligee as a result of an overpayment to the obligee which 
376  the obligee has failed to return to the department after notice; 
377  then 
378         4.1. Apply the payment to any assigned arrears on the 
379  obligee’s case; then 
380         5.2. Apply the payment to any administrative costs ordered 
381  by the court pursuant to s. 409.2567 associated with the 
382  obligee’s case; then 
383         6.3. When the obligor is subject to a valid order to 
384  support another child in a case with a different obligee and the 
385  obligation is being enforced by the department, the department 
386  shall send by certified mail, restricted delivery, return 
387  receipt requested, to the obligor at the most recent address 
388  provided by the obligor to the tribunal that issued the order, a 
389  notice stating the department’s intention to apply the payment 
390  pursuant to this subparagraph, and advising the obligor of the 
391  right to contest the department’s proposed action in the circuit 
392  court by filing and serving a petition on the department within 
393  30 days after the mailing of the notice. If the obligor does not 
394  file and serve a petition within the 30 days after mailing of 
395  the notice, or upon a disposition of the judicial action 
396  favorable to the department, the department shall apply the 
397  payment toward his or her other support obligation. If there is 
398  more than one such other case, the department shall allocate the 
399  remaining undistributable amount as specified by s. 
400  61.1301(4)(c); then 
401         7.4. Return the payment to the obligor; then 
402         8.5. If the obligor cannot be located after diligent 
403  efforts by the department, the federal share of the payment 
404  shall be credited to the Federal Government and the state share 
405  shall be transferred to the General Revenue Fund. 
406         (c) Refunds to obligors that are determined to be 
407  undistributable shall be processed in the following manner: 
408         1. The federal share of the refund shall be sent to the 
409  Federal Government. 
410         2. The state share shall be credited to the General Revenue 
411  Fund. 
412         (d) If a payment of less than $1 is made by a paper check 
413  on an open Title IV-D case and the payment is not cashed after 
414  180 days, or if less than $1 is owed on a closed Title IV-D 
415  case, the department shall declare the payment as program 
416  income, crediting the federal share of the payment to the 
417  Federal Government and the state share of the payment to the 
418  General Revenue Fund, without attempting to locate either party. 
419         Section 6. Section 409.256, Florida Statutes, is amended to 
420  read: 
421         409.256 Administrative proceeding to establish paternity or 
422  paternity and child support; order to appear for genetic 
423  testing.— 
424         (1) DEFINITIONS.—As used in this section, the term: 
425         (a) “Another state” or “other state” means a state of the 
426  United States, the District of Columbia, Puerto Rico, the United 
427  States Virgin Islands, or any territory or insular possession 
428  subject to the jurisdiction of the United States. The term 
429  includes: 
430         1. An Indian tribe. 
431         2. A foreign jurisdiction that has enacted a law or 
432  established procedures for issuance and enforcement of support 
433  orders which are substantially similar to the procedures under 
434  this act, the Uniform Reciprocal Enforcement of Support Act, or 
435  the Revised Uniform Reciprocal Enforcement of Support Act, as 
436  determined by the Attorney General. 
437         (b) “Caregiver” “Custodian” means a person, other than the 
438  mother, father, or a putative father, who has physical custody 
439  of a child or with whom the child primarily resides. References 
440  in this section to the obligation of a caregiver custodian to 
441  submit to genetic testing mean that the caregiver custodian is 
442  obligated to submit the child for genetic testing, not that the 
443  caregiver custodian must submit to genetic testing. 
444         (c) “Filed” means a document has been received and accepted 
445  for filing at the offices of the Department of Revenue by the 
446  clerk or an authorized deputy clerk designated by the 
447  department. 
448         (d) “Genetic testing” means a scientific analysis of 
449  genetic markers which that is performed by a qualified technical 
450  laboratory only to exclude an individual as the parent of a 
451  child or to show a probability of paternity. 
452         (e) “Paternity and child support proceeding” means an 
453  administrative action commenced by the Department of Revenue to 
454  order genetic testing, establish paternity, and establish an 
455  administrative support order pursuant to this section. 
456         (f) “Paternity proceeding” means an administrative action 
457  commenced by the Department of Revenue to order genetic testing 
458  and establish paternity pursuant to this section. 
459         (g) “Putative father” means an individual who is or may be 
460  the biological father of a child whose paternity has not been 
461  established and whose mother was unmarried when the child was 
462  conceived and born. 
463         (h) “Qualified technical laboratory” means a genetic 
464  testing laboratory that may be under contract with the 
465  Department of Revenue, that uses tests and methods of a type 
466  generally acknowledged as reliable by accreditation 
467  organizations recognized by the United States Department of 
468  Health and Human Services, and that is approved by such an 
469  accreditation organization. The term includes a genetic-testing 
470  laboratory used by another state, if the laboratory has 
471  comparable qualifications. 
472         (i) “Rendered” means that a signed written order is filed 
473  with the clerk or a deputy clerk of the Department of Revenue 
474  and served on the respondent. The date of filing must be 
475  indicated on the face of the order at the time of rendition. 
476         (j) “Respondent” means the person or persons served by the 
477  Department of Revenue with a notice of proceeding pursuant to 
478  subsection (4). The term includes the putative father and may 
479  include the mother or the caregiver custodian of the child. 
480         (k) “This state” or “the state” means the State of Florida. 
481         (2) JURISDICTION; LOCATION OF HEARINGS; RIGHT OF ACCESS TO 
482  THE COURTS.— 
483         (a) The department of Revenue may commence a paternity 
484  proceeding or a paternity and child support proceeding as 
485  provided in subsection (4) if: 
486         1. The child’s paternity has not been established. 
487         2. No one is named as the father on the child’s birth 
488  certificate or the person named as the father is the putative 
489  father named in an affidavit or a written declaration as 
490  provided in subparagraph 5. 
491         3. The child’s mother was unmarried when the child was 
492  conceived and born. 
493         4. The department of Revenue is providing services under 
494  Title IV-D. 
495         5. The child’s mother or a putative father has stated in an 
496  affidavit, or in a written declaration as provided in s. 
497  92.525(2), that the putative father is or may be the child’s 
498  biological father. The affidavit or written declaration must set 
499  forth the factual basis for the allegation of paternity as 
500  provided in s. 742.12(2). 
501         (b) If the department of Revenue receives a request from 
502  another state to assist in the establishment of paternity, the 
503  department may serve an order to appear for genetic testing on a 
504  person who resides in this state and transmit the test results 
505  to the other state without commencing a paternity proceeding in 
506  this state. 
507         (c) The department of Revenue may use the procedures 
508  authorized by this section against a nonresident over whom this 
509  state may assert personal jurisdiction under chapter 48 or 
510  chapter 88. 
511         (d) If a putative father, mother, or caregiver custodian in 
512  a Title IV-D case voluntarily submits to genetic testing, the 
513  department of Revenue may schedule that individual or the child 
514  for genetic testing without serving that individual with an 
515  order to appear for genetic testing. A respondent or other 
516  person who is subject to an order to appear for genetic testing 
517  may waive, in writing or on the record at an administrative 
518  hearing, formal service of notices or orders or waive any other 
519  rights or time periods prescribed by this section. 
520         (e) Whenever practicable, hearings held by the Division of 
521  Administrative Hearings pursuant to this section shall be held 
522  in the judicial circuit where the person receiving services 
523  under Title IV-D resides or, if the person receiving services 
524  under Title IV-D does not reside in this state, in the judicial 
525  circuit where the respondent resides. If the department of 
526  Revenue and the respondent agree, the hearing may be held in 
527  another location. If ordered by the administrative law judge, 
528  the hearing may be conducted telephonically or by 
529  videoconference. 
530         (f) The Legislature does not intend to limit the 
531  jurisdiction of the circuit courts to hear and determine issues 
532  regarding establishment of paternity. This section is intended 
533  to provide the department of Revenue with an alternative 
534  procedure for establishing paternity and child support 
535  obligations in Title IV-D cases. This section does not prohibit 
536  a person who has standing from filing a civil action in circuit 
537  court for a determination of paternity or of child support 
538  obligations. 
539         (g) Section 409.2563(2)(e), (f), and (g) apply to a 
540  proceeding under this section. 
541         (3) MULTIPLE PUTATIVE FATHERS; MULTIPLE CHILDREN.—If more 
542  than one putative father has been named, the department of 
543  Revenue may proceed under this section against a single putative 
544  father or may proceed simultaneously against more than one 
545  putative father. If a putative father has been named as a 
546  possible father of more than one child born to the same mother, 
547  the department may proceed to establish the paternity of each 
548  child in the same proceeding. 
549         (4) NOTICE OF PROCEEDING TO ESTABLISH PATERNITY OR 
550  PATERNITY AND CHILD SUPPORT; ORDER TO APPEAR FOR GENETIC 
551  TESTING; MANNER OF SERVICE; CONTENTS.—The Department of Revenue 
552  shall commence a proceeding to determine paternity, or a 
553  proceeding to determine both paternity and child support, by 
554  serving the respondent with a notice as provided in this 
555  section. An order to appear for genetic testing may be served at 
556  the same time as a notice of the proceeding or may be served 
557  separately. A copy of the affidavit or written declaration upon 
558  which the proceeding is based shall be provided to the 
559  respondent when notice is served. A notice or order to appear 
560  for genetic testing shall be served by certified mail, 
561  restricted delivery, return receipt requested, or in accordance 
562  with the requirements for service of process in a civil action. 
563  Service by certified mail is completed when the certified mail 
564  is received or refused by the addressee or by an authorized 
565  agent as designated by the addressee in writing. If a person 
566  other than the addressee signs the return receipt, the 
567  department shall attempt to reach the addressee by telephone to 
568  confirm whether the notice was received, and the department 
569  shall document any telephonic communications. If someone other 
570  than the addressee signs the return receipt, the addressee does 
571  not respond to the notice, and the department is unable to 
572  confirm that the addressee has received the notice, service is 
573  not completed and the department shall attempt to have the 
574  addressee served personally. For purposes of this section, an 
575  employee or an authorized agent of the department may serve the 
576  notice or order to appear for genetic testing and execute an 
577  affidavit of service. The department may serve an order to 
578  appear for genetic testing on a caregiver custodian. The 
579  department shall provide a copy of the notice or order to appear 
580  by regular mail to the mother and caregiver custodian, if they 
581  are not respondents. 
582         (a) A notice of proceeding to establish paternity must 
583  state: 
584         1. That the department has commenced an administrative 
585  proceeding to establish whether the putative father is the 
586  biological father of the child named in the notice. 
587         2. The name and date of birth of the child and the name of 
588  the child’s mother. 
589         3. That the putative father has been named in an affidavit 
590  or written declaration that states the putative father is or may 
591  be the child’s biological father. 
592         4. That the respondent is required to submit to genetic 
593  testing. 
594         5. That genetic testing will establish either a high degree 
595  of probability that the putative father is the biological father 
596  of the child or that the putative father cannot be the 
597  biological father of the child. 
598         6. That if the results of the genetic test do not indicate 
599  a statistical probability of paternity that equals or exceeds 99 
600  percent, the paternity proceeding in connection with that child 
601  shall cease unless a second or subsequent test is required. 
602         7. That if the results of the genetic test indicate a 
603  statistical probability of paternity that equals or exceeds 99 
604  percent, the department may: 
605         a. Issue a proposed order of paternity that the respondent 
606  may consent to or contest at an administrative hearing; or 
607         b. Commence a proceeding, as provided in s. 409.2563, to 
608  establish an administrative support order for the child. Notice 
609  of the proceeding shall be provided to the respondent by regular 
610  mail. 
611         8. That, if the genetic test results indicate a statistical 
612  probability of paternity that equals or exceeds 99 percent and a 
613  proceeding to establish an administrative support order is 
614  commenced, the department shall issue a proposed order that 
615  addresses paternity and child support. The respondent may 
616  consent to or contest the proposed order at an administrative 
617  hearing. 
618         9. That if a proposed order of paternity or proposed order 
619  of both paternity and child support is not contested, the 
620  department shall adopt the proposed order and render a final 
621  order that establishes paternity and, if appropriate, an 
622  administrative support order for the child. 
623         10. That, until the proceeding is ended, the respondent 
624  shall notify the department in writing of any change in the 
625  respondent’s mailing address and that the respondent shall be 
626  deemed to have received any subsequent order, notice, or other 
627  paper mailed to the most recent address provided or, if a more 
628  recent address is not provided, to the address at which the 
629  respondent was served, and that this requirement continues if 
630  the department renders a final order that establishes paternity 
631  and a support order for the child. 
632         11. That the respondent may file an action in circuit court 
633  for a determination of paternity, child support obligations, or 
634  both. 
635         12. That if the respondent files an action in circuit court 
636  and serves the department with a copy of the petition or 
637  complaint within 20 days after being served notice under this 
638  subsection, the administrative process ends without prejudice 
639  and the action must proceed in circuit court. 
640         13. That, if paternity is established, the putative father 
641  may file a petition in circuit court for a determination of 
642  matters relating to custody and rights of parental contact. 
643 
644  A notice under this paragraph must also notify the respondent of 
645  the provisions in s. 409.2563(4)(m) and (o). 
646         (b) A notice of proceeding to establish paternity and child 
647  support must state the requirements of paragraph (a), except for 
648  subparagraph (a)7., and must state the requirements of s. 
649  409.2563(4), to the extent that the requirements of s. 
650  409.2563(4) are not already required by and do not conflict with 
651  this subsection. This section and s. 409.2563 apply to a 
652  proceeding commenced under this subsection. 
653         (c) The order to appear for genetic testing shall inform 
654  the person ordered to appear: 
655         1. That the department has commenced an administrative 
656  proceeding to establish whether the putative father is the 
657  biological father of the child. 
658         2. The name and date of birth of the child and the name of 
659  the child’s mother. 
660         3. That the putative father has been named in an affidavit 
661  or written declaration that states the putative father is or may 
662  be the child’s biological father. 
663         4. The date, time, and place that the person ordered to 
664  appear must appear to provide a sample for genetic testing. 
665         5. That if the person has custody of the child whose 
666  paternity is the subject of the proceeding, the person must 
667  submit the child for genetic testing. 
668         6. That when the samples are provided, the person ordered 
669  to appear shall verify his or her identity and the identity of 
670  the child, if applicable, by presenting a form of identification 
671  as prescribed by s. 117.05(5)(b)2. which that bears the 
672  photograph of the person who is providing the sample or other 
673  form of verification approved by the department. 
674         7. That if the person ordered to appear submits to genetic 
675  testing, the department shall pay the cost of the genetic 
676  testing and shall provide the person ordered to appear with a 
677  copy of any test results obtained. 
678         8. That if the person ordered to appear does not appear as 
679  ordered or refuses to submit to genetic testing without good 
680  cause, the department may take one or more of the following 
681  actions: 
682         a. Commence proceedings to suspend the driver’s license and 
683  motor vehicle registration of the person ordered to appear, as 
684  provided in s. 61.13016; 
685         b. Impose an administrative fine against the person ordered 
686  to appear in the amount of $500; or 
687         c. File a petition in circuit court to establish paternity 
688  and obtain a support order for the child and an order for costs 
689  against the person ordered to appear, including costs for 
690  genetic testing. 
691         9. That the person ordered to appear may contest the order 
692  by filing a written request for informal review within 15 days 
693  after the date of service of the order, with further rights to 
694  an administrative hearing following the informal review. 
695         (d) If the putative father is incarcerated, the 
696  correctional facility shall assist the putative father in 
697  complying with an administrative order to appear for genetic 
698  testing issued under this section. 
699         (e) An administrative order to appear for genetic testing 
700  has the same force and effect as a court order. 
701         (5) RIGHT TO CONTEST ORDER TO APPEAR FOR GENETIC TESTING.— 
702         (a) The person ordered to appear may contest an order to 
703  appear for genetic testing by filing a written request for 
704  informal review with the department of Revenue within 15 days 
705  after the date of service of the order. The purpose of the 
706  informal review is to provide the person ordered to appear with 
707  an opportunity to discuss the proceedings and the basis of the 
708  order. At the conclusion of the informal review, the department 
709  shall notify the person ordered to appear, in writing, whether 
710  it intends to proceed with the order to appear. If the 
711  department notifies the person ordered to appear of its intent 
712  to proceed, the notice must inform the person ordered to appear 
713  of the right to contest the order at an administrative hearing. 
714         (b) Following an informal review, within 15 days after the 
715  mailing date of the department’s Department of Revenue’s 
716  notification that the department shall proceed with an order to 
717  appear for genetic testing, the person ordered to appear may 
718  file a request for an administrative hearing to contest whether 
719  the person should be required to submit to genetic testing. A 
720  request for an administrative hearing must state the specific 
721  reasons why the person ordered to appear believes he or she 
722  should not be required to submit to genetic testing as ordered. 
723  If the person ordered to appear files a timely request for a 
724  hearing, the department shall refer the hearing request to the 
725  Division of Administrative Hearings. Unless otherwise provided 
726  in this section, administrative hearings are governed by chapter 
727  120 and the uniform rules of procedure. The administrative law 
728  judge assigned to the case shall issue an order as to whether 
729  the person must submit to genetic testing in accordance with the 
730  order to appear. The department or the person ordered to appear 
731  may seek immediate judicial review under s. 120.68 of an order 
732  issued by an administrative law judge pursuant to this 
733  paragraph. 
734         (c) If a timely request for an informal review or an 
735  administrative hearing is filed, the department may not proceed 
736  under the order to appear for genetic testing and may not impose 
737  sanctions for failure or refusal to submit to genetic testing 
738  until: 
739         1. The department has notified the person of its intent to 
740  proceed after informal review, and a timely request for hearing 
741  is not filed; 
742         2. The person ordered to appear withdraws the request for 
743  hearing or informal review; or 
744         3. The Division of Administrative Hearings issues an order 
745  that the person must submit to genetic testing, or issues an 
746  order closing the division’s file, and that an order has become 
747  final. 
748         (d) If a request for an informal review or administrative 
749  hearing is not timely filed, the person ordered to appear is 
750  deemed to have waived the right to a hearing, and the department 
751  may proceed under the order to appear for genetic testing. 
752         (6) SCHEDULING OF GENETIC TESTING.— 
753         (a) The department of Revenue shall notify, in writing, the 
754  person ordered to appear of the date, time, and location of the 
755  appointment for genetic testing and of the requirement to verify 
756  his or her identity and the identity of the child, if 
757  applicable, when the samples are provided by presenting a form 
758  of identification as prescribed in s. 117.05(5)(b)2. which that 
759  bears the photograph of the person who is providing the sample 
760  or other form of verification approved by the department. If the 
761  person ordered to appear is the putative father or the mother, 
762  that person shall appear and submit to genetic testing. If the 
763  person ordered to appear is a caregiver custodian, or if the 
764  putative father or the mother has custody of the child, that 
765  person must submit the child for genetic testing. 
766         (b) The department shall reschedule genetic testing: 
767         1. One time without cause if, in advance of the initial 
768  test date, the person ordered to appear requests the department 
769  to reschedule the test. 
770         2. One time if the person ordered to appear shows good 
771  cause for failure to appear for a scheduled test. 
772         3. One time upon request of a person ordered to appear 
773  against whom sanctions have been imposed as provided in 
774  subsection (7). 
775 
776  A claim of good cause for failure to appear shall be filed with 
777  the department within 10 days after the scheduled test date and 
778  must state the facts and circumstances supporting the claim. The 
779  department shall notify the person ordered to appear, in 
780  writing, whether it accepts or rejects the person’s claim of 
781  good cause. There is not a separate right to a hearing on the 
782  department’s decision to accept or reject the claim of good 
783  cause because the person ordered to appear may raise good cause 
784  as a defense to any proceeding initiated by the department under 
785  subsection (7). 
786         (c) A person ordered to appear may obtain a second genetic 
787  test by filing a written request for a second test with the 
788  department within 15 days after the date of mailing of the 
789  initial genetic testing results and by paying the department in 
790  advance for the full cost of the second test. 
791         (d) The department may schedule and require a subsequent 
792  genetic test if it has reason to believe the results of the 
793  preceding genetic test may not be reliable. 
794         (e) Except as provided in paragraph (c) and subsection (7), 
795  the department shall pay for the cost of genetic testing ordered 
796  under this section. 
797         (7) FAILURE OR REFUSAL TO SUBMIT TO GENETIC TESTING.—If a 
798  person who is served with an order to appear for genetic testing 
799  fails to appear without good cause or refuses to submit to 
800  testing without good cause, the department may take one or more 
801  of the following actions: 
802         (a) Commence a proceeding to suspend the driver’s license 
803  and motor vehicle registration of the person ordered to appear, 
804  as provided in s. 61.13016; 
805         (b) Impose an administrative fine against the person 
806  ordered to appear in the amount of $500; or 
807         (c) File a petition in circuit court to establish 
808  paternity, obtain a support order for the child, and seek 
809  reimbursement from the person ordered to appear for the full 
810  cost of genetic testing incurred by the department. 
811 
812  As provided in s. 322.058(2), a suspended driver’s license and 
813  motor vehicle registration may be reinstated when the person 
814  ordered to appear complies with the order to appear for genetic 
815  testing. The department may collect an administrative fine 
816  imposed under this subsection by using civil remedies or other 
817  statutory means available to the department for collecting 
818  support. 
819         (8) GENETIC-TESTING RESULTS.—The department shall send a 
820  copy of the genetic-testing results to the putative father, to 
821  the mother, to the caregiver custodian, and to the other state, 
822  if applicable. If the genetic-testing results, including second 
823  or subsequent genetic-testing results, do not indicate a 
824  statistical probability of paternity that equals or exceeds 99 
825  percent, the paternity proceeding in connection with that child 
826  shall cease. 
827         (9) PROPOSED ORDER OF PATERNITY; COMMENCEMENT OF PROCEEDING 
828  TO ESTABLISH ADMINISTRATIVE SUPPORT ORDER; PROPOSED ORDER OF 
829  PATERNITY AND CHILD SUPPORT.— 
830         (a) If a paternity proceeding has been commenced under this 
831  section and the results of genetic testing indicate a 
832  statistical probability of paternity that equals or exceeds 99 
833  percent, the department of Revenue may: 
834         1. Issue a proposed order of paternity as provided in 
835  paragraph (b); or 
836         2. If appropriate, delay issuing a proposed order of 
837  paternity and commence, by regular mail, an administrative 
838  proceeding to establish a support order for the child pursuant 
839  to s. 409.2563 and issue a single proposed order that addresses 
840  paternity and child support. 
841         (b) A proposed order of paternity must: 
842         1. State proposed findings of fact and conclusions of law. 
843         2. Include a copy of the results of genetic testing. 
844         3. Include notice of the respondent’s right to informal 
845  review and to contest the proposed order of paternity at an 
846  administrative hearing. 
847         (c) If a paternity and child support proceeding has been 
848  commenced under this section and the results of genetic testing 
849  indicate a statistical probability of paternity that equals or 
850  exceeds 99 percent, the department of Revenue may issue a single 
851  proposed order that addresses paternity as provided in this 
852  section and child support as provided in s. 409.2563. 
853         (d) The department of Revenue shall serve a proposed order 
854  issued under this section on the respondent by regular mail and 
855  shall provide a copy by regular mail to the mother or caregiver 
856  custodian if they are not respondents. 
857         (10) INFORMAL REVIEW; ADMINISTRATIVE HEARING; PRESUMPTION 
858  OF PATERNITY.— 
859         (a) Within 10 days after the date of mailing or other 
860  service of a proposed order of paternity, the respondent may 
861  contact a representative of the department of Revenue at the 
862  address or telephone number provided to request an informal 
863  review of the proposed order. If an informal review is timely 
864  requested, the time for requesting a hearing is extended until 
865  10 days after the department mails notice to the respondent that 
866  the informal review has been concluded. 
867         (b) Within 20 days after the mailing date of the proposed 
868  order or within 10 days after the mailing date of notice that an 
869  informal review has been concluded, whichever is later, the 
870  respondent may request an administrative hearing by filing a 
871  written request for a hearing with the department of Revenue. A 
872  request for a hearing must state the specific objections to the 
873  proposed order, the specific objections to the genetic testing 
874  results, or both. A respondent who fails to file a timely 
875  request for a hearing is deemed to have waived the right to a 
876  hearing. 
877         (c) If the respondent files a timely request for a hearing, 
878  the department of Revenue shall refer the hearing request to the 
879  Division of Administrative Hearings. Unless otherwise provided 
880  in this section or in s. 409.2563, chapter 120 and the uniform 
881  rules of procedure govern the conduct of the proceedings. 
882         (d) The genetic-testing results shall be admitted into 
883  evidence and made a part of the hearing record. For purposes of 
884  this section, a statistical probability of paternity that equals 
885  or exceeds 99 percent creates a presumption, as defined in s. 
886  90.304, that the putative father is the biological father of the 
887  child. The presumption may be overcome only by clear and 
888  convincing evidence. The respondent or the department of Revenue 
889  may call an expert witness to refute or support the testing 
890  procedure or results or the mathematical theory on which they 
891  are based. Verified documentation of the chain of custody of the 
892  samples tested is competent evidence to establish the chain of 
893  custody. 
894         (11) FINAL ORDER ESTABLISHING PATERNITY OR PATERNITY AND 
895  CHILD SUPPORT; CONSENT ORDER; NOTICE TO OFFICE OF VITAL 
896  STATISTICS.— 
897         (a) If a hearing is held, the administrative law judge of 
898  the Division of Administrative Hearings shall issue a final 
899  order that adjudicates paternity or, if appropriate, paternity 
900  and child support. A final order of the administrative law judge 
901  constitutes final agency action by the Department of Revenue. 
902  The Division of Administrative Hearings shall transmit any such 
903  order to the department for filing and rendering. 
904         (b) If the respondent does not file a timely request for a 
905  hearing or consents in writing to entry of a final order without 
906  a hearing, the department of Revenue may render a final order of 
907  paternity or a final order of paternity and child support, as 
908  appropriate. 
909         (c) The department of Revenue shall mail a copy of the 
910  final order to the putative father, the mother, and the 
911  caregiver custodian, if any. The department shall notify the 
912  respondent of the right to seek judicial review of a final order 
913  in accordance with s. 120.68. 
914         (d) Upon rendering a final order of paternity or a final 
915  order of paternity and child support, the department of Revenue 
916  shall notify the Division of Vital Statistics of the Department 
917  of Health that the paternity of the child has been established. 
918         (e) A final order rendered pursuant to this section has the 
919  same effect as a judgment entered by the court pursuant to 
920  chapter 742. 
921         (f) The provisions of s. 409.2563 which that apply to a 
922  final administrative support order rendered under that section 
923  apply to a final order rendered under this section when a child 
924  support obligation is established. 
925         (12) RIGHT TO JUDICIAL REVIEW.—A respondent has the right 
926  to seek judicial review, in accordance with s. 120.68, of a 
927  final order rendered under subsection (11) and an order issued 
928  under paragraph (5)(b). The department of Revenue has the right 
929  to seek judicial review, in accordance with s. 120.68, of a 
930  final order issued by an administrative law judge under 
931  subsection (11) and an order issued by an administrative law 
932  judge under paragraph (5)(b). 
933         (13) DUTY TO PROVIDE AND MAINTAIN CURRENT MAILING ADDRESS. 
934  Until a proceeding that has been commenced under this section 
935  has ended, a respondent who is served with a notice of 
936  proceeding must inform the department of Revenue in writing of 
937  any change in the respondent’s mailing address and is deemed to 
938  have received any subsequent order, notice, or other paper 
939  mailed to that address, or the address at which the respondent 
940  was served, if the respondent has not provided a more recent 
941  address. 
942         (14) PROCEEDINGS IN CIRCUIT COURT.—The results of genetic 
943  testing performed pursuant to this section are admissible as 
944  evidence to the same extent as scientific testing ordered by the 
945  court pursuant to chapter 742. 
946         (15) GENDER NEUTRAL.—This section shall be construed 
947  impartially, regardless of a person’s gender, and applies with 
948  equal force to the mother of a child whose paternity has not 
949  been established and is not presumed by law. 
950         (16) REMEDIES SUPPLEMENTAL.—The remedies provided in this 
951  section are supplemental and in addition to other remedies 
952  available to the department for the establishment of paternity 
953  and child support obligations. 
954         (17) RULEMAKING AUTHORITY.—The department may adopt rules 
955  to implement this section. 
956         Section 7. Paragraph (b) of subsection (1), paragraph (d) 
957  of subsection (2), subsection (4), paragraphs (a) and (b) of 
958  subsection (5), and subsections (6), (7), and (13) of section 
959  409.2563, Florida Statutes, are amended to read: 
960         409.2563 Administrative establishment of child support 
961  obligations.— 
962         (1) DEFINITIONS.—As used in this section, the term: 
963         (b) “Caregiver” means a person, other than the mother, 
964  father, or putative father, who has physical custody of the 
965  child or with whom the child primarily resides. “Caretaker 
966  relative” has the same meaning ascribed in s. 414.0252(11). 
967 
968  Other terms used in this section have the meanings ascribed in 
969  ss. 61.046 and 409.2554. 
970         (2) PURPOSE AND SCOPE.— 
971         (d) Either parent, or a caregiver caretaker relative if 
972  applicable, may at any time file a civil action in a circuit 
973  court having jurisdiction and proper venue to determine parental 
974  support obligations, if any. A support order issued by a circuit 
975  court prospectively supersedes an administrative support order 
976  rendered by the department. 
977         (4) NOTICE OF PROCEEDING TO ESTABLISH ADMINISTRATIVE 
978  SUPPORT ORDER.—To commence a proceeding under this section, the 
979  department shall provide to the parent from whom support is not 
980  being sought and serve the parent from whom support is being 
981  sought with a notice of proceeding to establish administrative 
982  support order and a blank financial affidavit form. The notice 
983  must state: 
984         (a) The names of both parents, the name of the caregiver 
985  caretaker relative, if any, and the name and date of birth of 
986  the child or children; 
987         (b) That the department intends to establish an 
988  administrative support order as defined in this section; 
989         (c) That both parents must submit a completed financial 
990  affidavit to the department within 20 days after receiving the 
991  notice, as provided by paragraph (13)(a); 
992         (d) That both parents, or parent and caregiver caretaker 
993  relative if applicable, are required to furnish to the 
994  department information regarding their identities and locations, 
995  as provided by paragraph (13)(b); 
996         (e) That both parents, or parent and caregiver caretaker 
997  relative if applicable, are required to promptly notify the 
998  department of any change in their mailing addresses to ensure 
999  receipt of all subsequent pleadings, notices, and orders, as 
1000  provided by paragraph (13)(c); 
1001         (f) That the department will calculate support obligations 
1002  based on the child support guidelines schedule in s. 61.30 and 
1003  using all available information, as provided by paragraph 
1004  (5)(a), and will incorporate such obligations into a proposed 
1005  administrative support order; 
1006         (g) That the department will send by regular mail to both 
1007  parents, or parent and caregiver caretaker relative if 
1008  applicable, a copy of the proposed administrative support order, 
1009  the department’s child support worksheet, and any financial 
1010  affidavits submitted by a parent or prepared by the department; 
1011         (h) That the parent from whom support is being sought may 
1012  file a request for a hearing in writing within 20 days after the 
1013  date of mailing or other service of the proposed administrative 
1014  support order or will be deemed to have waived the right to 
1015  request a hearing; 
1016         (i) That unless the department refers the proceeding to the 
1017  Division of Administrative Hearings or if the parent from whom 
1018  support is being sought does not file a timely request for 
1019  hearing after service of the proposed administrative support 
1020  order, the department will issue an administrative support order 
1021  that incorporates the findings of the proposed administrative 
1022  support order, and will send by regular mail a copy of the 
1023  administrative support order to both parents, or parent and 
1024  caregiver caretaker relative if applicable; 
1025         (j) That after an administrative support order is rendered, 
1026  the department will file a copy of the order with the clerk of 
1027  the circuit court; 
1028         (k) That after an administrative support order is rendered, 
1029  the department may enforce the administrative support order by 
1030  any lawful means; 
1031         (l) That the department may refer the proceeding to the 
1032  Division of Administrative Hearings for a determination of the 
1033  support obligation, if any. 
1034         (m)(l) That either parent, or caregiver caretaker relative 
1035  if applicable, may file at any time a civil action in a circuit 
1036  court having jurisdiction and proper venue to determine parental 
1037  support obligations, if any, and that a support order issued by 
1038  a circuit court supersedes an administrative support order 
1039  rendered by the department; 
1040         (n)(m) That, neither the department nor the Division of 
1041  Administrative Hearings has jurisdiction to award or change 
1042  child custody or rights of parental contact or time-sharing, and 
1043  these issues may only be addressed only in circuit court. 
1044         1. The parent from whom support is being sought may request 
1045  in writing that the department proceed in circuit court to 
1046  determine his or her support obligations. 
1047         2. The parent from whom support is being sought may state 
1048  in writing to the department his or her intention to address 
1049  issues concerning custody or rights to parental contact in 
1050  circuit court. 
1051         3. If the parent from whom support is being sought submits 
1052  the request authorized in subparagraph 1., or the statement 
1053  authorized in subparagraph 2. to the department within 20 days 
1054  after the receipt of the initial notice, the department shall 
1055  file a petition in circuit court for the determination of the 
1056  parent’s child support obligations, and shall send to the parent 
1057  from whom support is being sought a copy of its petition, a 
1058  notice of commencement of action, and a request for waiver of 
1059  service of process as provided in the Florida Rules of Civil 
1060  Procedure. 
1061         4. If, within 10 days after receipt of the department’s 
1062  petition and waiver of service, the parent from whom support is 
1063  being sought signs and returns the waiver of service form to the 
1064  department, the department shall terminate the administrative 
1065  proceeding without prejudice and proceed in circuit court. 
1066         5. In any circuit court action filed by the department 
1067  pursuant to this paragraph or filed by a parent from whom 
1068  support is being sought or other person pursuant to paragraph 
1069  (m) or paragraph (o) paragraph (l) or paragraph (n), the 
1070  department shall be a party only with respect to those issues of 
1071  support allowed and reimbursable under Title IV-D of the Social 
1072  Security Act. It is the responsibility of the parent from whom 
1073  support is being sought or other person to take the necessary 
1074  steps to present other issues for the court to consider. 
1075         (o)(n) That if the parent from whom support is being sought 
1076  files an action in circuit court and serves the department with 
1077  a copy of the petition within 20 days after being served notice 
1078  under this subsection, the administrative process ends without 
1079  prejudice and the action must proceed in circuit court; 
1080         (p)(o) Information provided by the Office of State Courts 
1081  Administrator concerning the availability and location of self 
1082  help programs for those who wish to file an action in circuit 
1083  court but who cannot afford an attorney. 
1084 
1085  The department may serve the notice of proceeding to establish 
1086  administrative support order by certified mail, restricted 
1087  delivery, return receipt requested. Alternatively, the 
1088  department may serve the notice by any means permitted for 
1089  service of process in a civil action. For purposes of this 
1090  section, an authorized employee of the department may serve the 
1091  notice and execute an affidavit of service. Service by certified 
1092  mail is completed when the certified mail is received or refused 
1093  by the addressee or by an authorized agent as designated by the 
1094  addressee in writing. If a person other than the addressee signs 
1095  the return receipt, the department shall attempt to reach the 
1096  addressee by telephone to confirm whether the notice was 
1097  received, and the department shall document any telephonic 
1098  communications. If someone other than the addressee signs the 
1099  return receipt, the addressee does not respond to the notice, 
1100  and the department is unable to confirm that the addressee has 
1101  received the notice, service is not completed and the department 
1102  shall attempt to have the addressee served personally. The 
1103  department shall provide the parent from whom support is not 
1104  being sought or the caregiver caretaker relative with a copy of 
1105  the notice by regular mail to the last known address of the 
1106  parent from whom support is not being sought or caregiver 
1107  caretaker. 
1108         (5) PROPOSED ADMINISTRATIVE SUPPORT ORDER.— 
1109         (a) After serving notice upon a parent in accordance with 
1110  subsection (4), the department shall calculate that parent’s 
1111  child support obligation under the child support guidelines 
1112  schedule as provided by s. 61.30, based on any timely financial 
1113  affidavits received and other information available to the 
1114  department. If either parent fails to comply with the 
1115  requirement to furnish a financial affidavit, the department may 
1116  proceed on the basis of information available from any source, 
1117  if such information is sufficiently reliable and detailed to 
1118  allow calculation of guideline schedule amounts under s. 61.30. 
1119  If a parent receives public assistance and fails to submit a 
1120  financial affidavit, the department may submit a financial 
1121  affidavit or written declaration for that parent pursuant to s. 
1122  61.30(15). If there is a lack of sufficient reliable information 
1123  concerning a parent’s actual earnings for a current or past 
1124  period, it shall be presumed for the purpose of establishing a 
1125  support obligation that the parent had an earning capacity equal 
1126  to the federal minimum wage during the applicable period. 
1127         (b) The department shall send by regular mail to both 
1128  parents, or to a parent and caregiver caretaker relative if 
1129  applicable, copies of the proposed administrative support order, 
1130  its completed child support worksheet, and any financial 
1131  affidavits submitted by a parent or prepared by the department. 
1132  The proposed administrative support order must contain the same 
1133  elements as required for an administrative support order under 
1134  paragraph (7)(e). 
1135         (6) HEARING.—If the parent from whom support is being 
1136  sought files a timely request for hearing or the department 
1137  determines that an evidentiary hearing is appropriate, the 
1138  department shall refer the proceeding hearing request to the 
1139  Division of Administrative Hearings. Unless otherwise provided 
1140  by this section, chapter 120 and the Uniform Rules of Procedure 
1141  shall govern the conduct of the proceedings. The administrative 
1142  law judge shall consider all available and admissible 
1143  information and any presumptions that apply as provided by 
1144  paragraph (5)(a). 
1145         (7) ADMINISTRATIVE SUPPORT ORDER.— 
1146         (a) If a hearing is held, the administrative law judge of 
1147  the Division of Administrative Hearings shall issue an 
1148  administrative support order, or a final order denying an 
1149  administrative support order, which constitutes final agency 
1150  action by the department. The Division of Administrative 
1151  Hearings shall transmit any such order to the department for 
1152  filing and rendering. 
1153         (b) If the parent from whom support is being sought does 
1154  not file a timely request for a hearing, the parent will be 
1155  deemed to have waived the right to request a hearing. 
1156         (c) If the parent from whom support is being sought waives 
1157  the right to a hearing, or consents in writing to the entry of 
1158  an order without a hearing, the department may render an 
1159  administrative support order. 
1160         (d) The department shall send by regular mail a copy of the 
1161  administrative support order, or the final order denying an 
1162  administrative support order, to both parents, or a parent and 
1163  caregiver caretaker relative if applicable. The parent from whom 
1164  support is being sought shall be notified of the right to seek 
1165  judicial review of the administrative support order in 
1166  accordance with s. 120.68. 
1167         (e) An administrative support order must comply with ss. 
1168  61.13(1) and 61.30. The department shall develop a standard form 
1169  or forms for administrative support orders. An administrative 
1170  support order must provide and state findings, if applicable, 
1171  concerning: 
1172         1. The full name and date of birth of the child or 
1173  children; 
1174         2. The name of the parent from whom support is being sought 
1175  and the other parent or caregiver caretaker relative; 
1176         3. The parent’s duty and ability to provide support; 
1177         4. The amount of the parent’s monthly support obligation; 
1178         5. Any obligation to pay retroactive support; 
1179         6. The parent’s obligation to provide for the health care 
1180  needs of each child, whether through health insurance, 
1181  contribution toward towards the cost of health insurance, 
1182  payment or reimbursement of health care expenses for the child, 
1183  or any combination thereof; 
1184         7. The beginning date of any required monthly payments and 
1185  health insurance; 
1186         8. That all support payments ordered must be paid to the 
1187  Florida State Disbursement Unit as provided by s. 61.1824; 
1188         9. That the parents, or caregiver caretaker relative if 
1189  applicable, must file with the department when the 
1190  administrative support order is rendered, if they have not 
1191  already done so, and update as appropriate the information 
1192  required pursuant to paragraph (13)(b); 
1193         10. That both parents, or parent and caregiver caretaker 
1194  relative if applicable, are required to promptly notify the 
1195  department of any change in their mailing addresses pursuant to 
1196  paragraph (13)(c); and 
1197         11. That if the parent ordered to pay support receives 
1198  unemployment compensation benefits, the payor shall withhold, 
1199  and transmit to the department, 40 percent of the benefits for 
1200  payment of support, not to exceed the amount owed. 
1201 
1202  An income deduction order as provided by s. 61.1301 must be 
1203  incorporated into the administrative support order or, if not 
1204  incorporated into the administrative support order, the 
1205  department or the Division of Administrative Hearings shall 
1206  render a separate income deduction order. 
1207         (13) REQUIRED DISCLOSURES; PRESUMPTIONS; NOTICE SENT TO 
1208  ADDRESS OF RECORD.—In all proceedings pursuant to this section: 
1209         (a) Each parent must execute and furnish to the department, 
1210  no later than 20 days after receipt of the notice of proceeding 
1211  to establish administrative support order, a financial affidavit 
1212  in the form prescribed by the department. An updated financial 
1213  affidavit must be executed and furnished to the department at 
1214  the inception of each proceeding to modify an administrative 
1215  support order. A caregiver is caretaker relatives are not 
1216  required to furnish a financial affidavit affidavits. 
1217         (b) Each parent and caregiver, caretaker relative if 
1218  applicable, shall disclose to the department, no later than 20 
1219  days after receipt of the notice of proceeding to establish 
1220  administrative support order, and update as appropriate, 
1221  information regarding his or her identity and location, 
1222  including names he or she is known by; social security number; 
1223  residential and mailing addresses; telephone numbers; driver’s 
1224  license numbers; and names, addresses, and telephone numbers of 
1225  employers. Pursuant to the federal Personal Responsibility and 
1226  Work Opportunity Reconciliation Act of 1996, each person must 
1227  provide his or her social security number in accordance with 
1228  this section. Disclosure of social security numbers obtained 
1229  through this requirement shall be limited to the purpose of 
1230  administration of the Title IV-D program for child support 
1231  enforcement. 
1232         (c) Each parent and caregiver caretaker relative, if 
1233  applicable, has a continuing obligation to promptly inform the 
1234  department in writing of any change in his or her mailing 
1235  address to ensure receipt of all subsequent pleadings, notices, 
1236  payments, statements, and orders, and receipt is presumed if 
1237  sent by regular mail to the most recent address furnished by the 
1238  person. 
1239         Section 8. Effective October 1, 2010, subsection (7) of 
1240  section 409.25635, Florida Statutes, is amended to read: 
1241         409.25635 Determination and collection of noncovered 
1242  medical expenses.— 
1243         (7) COLLECTION ACTION; ADMINISTRATIVE REMEDIES.—Any 
1244  administrative remedy available for collection of support may be 
1245  used to collect noncovered medical expenses that are determined 
1246  or established under this section. The department may collect 
1247  noncovered medical expenses in installments by adding a periodic 
1248  payment to an income deduction notice issued by the department. 
1249         Section 9. Effective November 1, 2010, subsections (4) and 
1250  (11) of section 409.2564, Florida Statutes, are amended to read: 
1251         409.2564 Actions for support.— 
1252         (4) Whenever the Department of Revenue has undertaken an 
1253  action for enforcement of support, the Department of Revenue may 
1254  enter into an agreement with the obligor for the entry of a 
1255  judgment determining paternity, if applicable, and for periodic 
1256  child support payments based on the child support guidelines 
1257  schedule in s. 61.30. Before Prior to entering into this 
1258  agreement, the obligor shall be informed that a judgment will be 
1259  entered based on the agreement. The clerk of the court shall 
1260  file the agreement without the payment of any fees or charges, 
1261  and the court, upon entry of the judgment, shall forward a copy 
1262  of the judgment to the parties to the action. To encourage out 
1263  of-court settlement and promote support order compliance, if the 
1264  obligor and the Department of Revenue agree on entry of a 
1265  support order and its terms, the guideline amount owed for 
1266  retroactive support that is permanently assigned to the state 
1267  shall be reduced by 25 percent. 
1268         (11)(a) The Department of Revenue Title IV-D agency shall 
1269  review child support orders in IV-D cases at least once every 3 
1270  years when requested upon request by either party, or when 
1271  support rights are assigned the agency in cases where there is 
1272  an assignment of support to the state under s. 414.095(7), and 
1273  may seek modification adjustment of the order if appropriate 
1274  under the child support guidelines schedule established in s. 
1275  61.30. Not less than once every 3 years the department IV-D 
1276  agency shall provide notice to the parties subject to the order 
1277  informing them of their right to request a review and, if 
1278  appropriate, a modification an adjustment of the child support 
1279  order. The Said notice requirement may be met by including 
1280  appropriate language in the initial support order or any 
1281  subsequent orders. 
1282         (b) If the department’s review of a support order entered 
1283  by the circuit court indicates that the order should be 
1284  modified, the department, through counsel, shall file a petition 
1285  to modify the order with the court. Along with the petition, the 
1286  department shall file a child support guideline worksheet, any 
1287  financial affidavits received from the parties or completed by 
1288  the department as part of the support order review and a 
1289  proposed modified order. A copy of the petition, proposed order, 
1290  and other documents shall be served by registered mail, 
1291  restricted delivery on a party who requested review of a support 
1292  order. A party who did not request review of a support order 
1293  shall be served by registered mail, restricted delivery or shall 
1294  be served personally in any manner authorized by chapter 48. 
1295         (c) If a timely objection or request for a hearing is not 
1296  filed with the court, the court may modify the support order 
1297  after an evidentiary hearing. 
1298         (d) If a support order does not provide for payment of 
1299  noncovered medical expenses or require health insurance for the 
1300  minor child and it is accessible to the child and available at 
1301  reasonable cost, the department shall seek to have the order 
1302  modified and any modification shall be made after an evidentiary 
1303  hearing. 
1304         Section 10. Subsection (5) of section 409.2567, Florida 
1305  Statutes, is amended to read: 
1306         409.2567 Services to individuals not otherwise eligible.— 
1307         (5) The Department of Revenue may shall seek a waiver from 
1308  the Secretary of the United States Department of Health and 
1309  Human Services to authorize the Department of Revenue to provide 
1310  services in accordance with Title IV-D of the Social Security 
1311  Act to individuals who are owed support without need of an 
1312  application. The department may seek a waiver if it determines 
1313  that the estimated increase in federal funding to the state 
1314  derived from the waiver would exceed any additional cost to the 
1315  state if the waiver is granted. If the waiver is granted, the 
1316  Department of Revenue shall adopt rules to implement the waiver 
1317  and begin providing Title IV-D services if support payments are 
1318  not being paid as ordered, except that the individual first must 
1319  be given written notice of the right to refuse Title IV-D 
1320  services and a reasonable opportunity to respond. 
1321         Section 11. Subsection (3) of section 409.259, Florida 
1322  Statutes, is amended to read: 
1323         409.259 Filing fees in Title IV-D cases; electronic filing 
1324  of pleadings, returns of service, and other papers.— 
1325         (3) The clerks of the circuit court, chief judges through 
1326  the Office of the State Courts Administrator, sheriffs, Office 
1327  of the Attorney General, and Department of Revenue shall work 
1328  cooperatively to implement electronic filing of pleadings, 
1329  returns of service, and other papers with the clerks of the 
1330  circuit court in Title IV-D cases upon completion of the Child 
1331  Support Automated Management System II by October 1, 2009. 
1332         Section 12. Paragraph (a) of subsection (20) of section 
1333  409.910, Florida Statutes, is amended to read: 
1334         409.910 Responsibility for payments on behalf of Medicaid 
1335  eligible persons when other parties are liable.— 
1336         (20) Entities providing health insurance as defined in s. 
1337  624.603, health maintenance organizations and prepaid health 
1338  clinics as defined in chapter 641, and, on behalf of their 
1339  clients, third-party administrators and pharmacy benefits 
1340  managers as defined in s. 409.901(27) shall provide such records 
1341  and information as are necessary to accomplish the purpose of 
1342  this section, unless such requirement results in an unreasonable 
1343  burden. 
1344         (a) The director of the agency and the Director of the 
1345  Office of Insurance Regulation of the Financial Services 
1346  Commission shall enter into a cooperative agreement for 
1347  requesting and obtaining information necessary to effect the 
1348  purpose and objective of this section. 
1349         1. The agency shall request only that information necessary 
1350  to determine whether health insurance as defined pursuant to s. 
1351  624.603, or those health services provided pursuant to chapter 
1352  641, could be, should be, or have been claimed and paid with 
1353  respect to items of medical care and services furnished to any 
1354  person eligible for services under this section. 
1355         2. All information obtained pursuant to subparagraph 1. is 
1356  confidential and exempt from s. 119.07(1). The agency shall 
1357  provide the information obtained pursuant to subparagraph 1. to 
1358  the Department of Revenue for purposes of administering the 
1359  state Title IV-D program. The agency and the Department of 
1360  Revenue shall enter into a cooperative agreement for purposes of 
1361  implementing this requirement. 
1362         3. The cooperative agreement or rules adopted under this 
1363  subsection may include financial arrangements to reimburse the 
1364  reporting entities for reasonable costs or a portion thereof 
1365  incurred in furnishing the requested information. Neither the 
1366  cooperative agreement nor the rules shall require the automation 
1367  of manual processes to provide the requested information. 
1368         Section 13. Subsection (7) of section 414.095, Florida 
1369  Statutes, is amended to read: 
1370         414.095 Determining eligibility for temporary cash 
1371  assistance.— 
1372         (7) ASSIGNMENT OF RIGHTS TO SUPPORT.—As a condition of 
1373  receiving temporary cash assistance, the family must assign to 
1374  the Department of Revenue any rights a member of a family may 
1375  have to support from any other person. This applies to any 
1376  family member; however, the assigned amounts must not exceed the 
1377  total amount of temporary cash assistance provided to the 
1378  family. The assignment of support does not apply if the family 
1379  leaves the program. 
1380         Section 14. Subsection (1) of section 741.01, Florida 
1381  Statutes, is amended to read: 
1382         741.01 County court judge or clerk of the circuit court to 
1383  issue marriage license; fee.— 
1384         (1) Every marriage license shall be issued by a county 
1385  court judge or clerk of the circuit court under his or her hand 
1386  and seal. The county court judge or clerk of the circuit court 
1387  shall issue such license, upon application for the license, if 
1388  there appears to be no impediment to the marriage. An 
1389  application for a marriage license must allow both parties to 
1390  the marriage to state under oath in writing if they are the 
1391  parents of a child born in this state and to identify any such 
1392  child they have in common by name, date of birth, place of 
1393  birth, and, if available, birth certificate number. The name of 
1394  any child recorded by both parties must be transmitted to the 
1395  Department of Health along with the original marriage license 
1396  and endorsements. The county court judge or clerk of the circuit 
1397  court shall collect and receive a fee of $2 for receiving the 
1398  application for the issuance of a marriage license. 
1399         Section 15. For the purpose of incorporating the amendment 
1400  made by this act to section 409.2564, Florida Statutes, in a 
1401  reference thereto, paragraph (c) of subsection (1) of section 
1402  61.14, Florida Statutes, is reenacted to read: 
1403         61.14 Enforcement and modification of support, maintenance, 
1404  or alimony agreements or orders.— 
1405         (1) 
1406         (c) For each support order reviewed by the department as 
1407  required by s. 409.2564(11), if the amount of the child support 
1408  award under the order differs by at least 10 percent but not 
1409  less than $25 from the amount that would be awarded under s. 
1410  61.30, the department shall seek to have the order modified and 
1411  any modification shall be made without a requirement for proof 
1412  or showing of a change in circumstances. 
1413         Section 16. For the purpose of incorporating the amendment 
1414  made by this act to section 409.2564, Florida Statutes, in a 
1415  reference thereto, paragraph (c) of subsection (1) of section 
1416  61.30, Florida Statutes, is reenacted to read: 
1417         61.30 Child support guidelines; retroactive child support.— 
1418         (1) 
1419         (c) For each support order reviewed by the department as 
1420  required by s. 409.2564(11), if the amount of the child support 
1421  award under the order differs by at least 10 percent but not 
1422  less than $25 from the amount that would be awarded under s. 
1423  61.30, the department shall seek to have the order modified and 
1424  any modification shall be made without a requirement for proof 
1425  or showing of a change in circumstances. 
1426         Section 17. Except as otherwise expressly provided in this 
1427  act, this act shall take effect upon becoming a law.